D.M.E Engineering Services (Australia) Pty Ltd

[2024] FWCA 1199

[2024] FWCA 1199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

D.M.E Engineering Services (Australia) Pty Ltd

(AG2024/887)

D.M.E ENGINEERING SERVICES (AUSTRALIA) PTY LTD – TUMUT PULP AND PAPER MILL MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 5 APRIL 2024

Application for approval of the D.M.E Engineering Services (Australia) Pty Ltd – Tumut Pulp and Paper Mill Maintenance Employees Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the D.M.E Engineering Services (Australia) Pty Ltd – Tumut Pulp and Paper Mill Maintenance Employees Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DME Engineering Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. An older version of the NERR was provided and it did not contain a title for the proposed Agreement.  However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.  

1. I observe that some provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 12 April 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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